Purpose

Establishes new requirements for the underground utility locate process to improve communication and speed of responses. The bill adds an electronic positive response requirement and expands marking, recordkeeping, and geospatial documentation by underground facility operators. It aims to reduce excavation delays and ensure excavators and land surveyors have timely, accurate information about underground facilities.

Main Provisions

• Electronic Positive Response

  • Defines “electronic positive response” as an electronic notification from an operator to the notification center about the status of a locate in the area of proposed excavation or boundary survey.
  • The notification center must make this electronic positive response available to the excavator through electronic means.

• Locate Requirements and Costs

  • Before the end of the locate period, operators must locate and mark or provide the approximate horizontal location of underground facilities and share information about abandoned or out-of-service facilities, at no cost to the excavator.
  • Operators must provide an electronic positive response for the notice of excavation.

• Excavator Obligations

  • The excavator must determine the precise location of the underground facility within two feet of the marked location before digging.

• Boundary Surveys

  • If the notice is for a boundary survey, operators have 96 hours (or the time in the notice, excluding weekends/holidays unless agreed) to locate and mark the approximate horizontal location at no cost to the land surveyor.
  • Operators must provide an electronic positive response for boundary survey notices.

• Definition of Approximate Location

  • The approximate horizontal location is a strip two feet on either side of the underground facility.

• Markers and Marking Standards

  • Markers must combine paint with at least one of the following: a flag, stake, or whisker, and must display the operator’s name.
  • Markers must follow the American Public Works Association color code standard and be within a plus/minus two-foot tolerance.
  • If the surface is hard, markings may be used without flags/stakes/whiskers but still must follow color code and tolerance rules.

• Timing and Coordination

  • If marking cannot be completed before the excavation or boundary survey start time, the operator must promptly contact the excavator or land surveyor.

• Records and Information on Abandoned/Out-of-Service Facilities

  • Operators must maintain maps, drawings, diagrams, or other records of underground facilities that were abandoned or out-of-service after December 31, 1998.

• No Fault for Good Faith Information

  • Operators or others providing information about abandoned/out-of-service or private facilities in good faith are not responsible for costs, claims, or damages.

• As-Built Drawings and Geospatial Data

  • Operators must use geospatial location information or equivalent technology to develop as-built drawings for newly installed or newly abandoned facilities if exposed in the excavation area.
  • Applicability of these requirements depends on certain dates:
  • Generally applicable on or after January 1, 2026.
  • For operators that served fewer than 10,000 customers in 2025, applicable on or after January 1, 2027.

• Contact Information

  • Operators must provide up-to-date contact information to the notification center and update it whenever changes occur, at least quarterly.
  • The contact information must include the name and telephone number of the operator’s designated locate contact person(s).

Significant Changes to Existing Law

• Introduces “electronic positive response” as a formal requirement and ensures the notification center can relay this status to excavators.
• Shifts some locate-related processes to electronic communication and real-time status updates, potentially speeding up responses.
• Mandates no-cost locating and marking for excavators and land surveyors, including boundary survey notices.
• Establishes standardized marking rules (color code + markers) and a two-foot precision framework for marking.
• Expands recordkeeping obligations for abandoned/out-of-service facilities and mandates use of geospatial data to create as-built drawings for new or newly abandoned facilities.
• Sets specific timing milestones for boundary surveys (96 hours) and clarifies when dates apply, including phased timelines based on operator size (customer counts).

Practical Impact

• Excavators can expect quicker, clearer confirmation of locate status through electronic means.
• Less ambiguity about where facilities are located due to standardized marking, color codes, and a defined tolerance.
• Operators bear greater responsibility to provide accurate, timely information and to maintain up-to-date contact details.
• Documentation requirements will improve long-term records of underground infrastructure, especially for new or recently abandoned facilities.

Relevant Terms electronic positive response; notification center; locate period; boundary survey; underground facility operator; approximate horizontal location; two feet; color code; American Public Works Association (APWA); markers; flag; stake; whisker; plus/minus two-foot tolerance; as-built drawings; geospatial location information; abandoned and out-of-service facilities; located at no cost; electronic notification; vivid status update; land surveyor; excavator.